accident in a University parking lot. Please advise

[udt290]

What is the name of your state (only U.S. law)? FL

My son was driving out of his University parking lot and somebody back up and hit his car on the side. The woman driving the car acknoledged that she was at fault and volunteered to pay the damages. My son called the University Police department to get a police report and an officer came to the parking lot. The woman told the officer that she back up without seeing the other car and that it was her fault. The officer told both my son and the woman that since the damage was minimal a police report was not necessary and he left without asking for documentation to either part.
Later when my son did what he agreed with the woman (take the car to evaluate the damage and send her the $676.00 bill), she refused to pay and said that the no fault in FL means that she was at no fault. My questions are:

Was the officer right about not writing a police report for a damage that is higher than $500.00?
Is the woman right abut the no fault in FL even after she admitted fault to my son and the officer?
Should I fix the car and sue the woman in small claim court to recover the money without calling the insurance?

Im afraid to going to the insurance because the premium could increase for my son. Please help me

Thank you in advance for reading and for your help

 

[PayrollHRGuy]

The No-Fault part of Florida Auto Insurance is Personal Injury Protection and covers medical, lost wages and replacement services, not property damage. If she refuses to pay sue her. You are well within the limit of Florida Small Claims court.

 

[udt290]

The No-Fault part of Florida Auto Insurance is Personal Injury Protection and covers medical, lost wages and replacement services, not property damage. If she refuses to pay sue her. You are well within the limit of Florida Small Claims court.

Should I involve the insurance?

 

[adjusterjack]

Should I involve the insurance?

Which insurance?

If you know her insurance information, call up and file a claim.

If you are referring to your insurance, that's up to you. Just understand that your deductible will eat up most of that bill.

 

[PayrollHRGuy]

If I were you and I had the at fault drivers insurance info I would contact them and file a claim. You might be better off contacting the other driver and showing her that the No-Fault insurance has nothing to do with property damage.

If you or she Googles "No Fault Auto insurance Florida" you will find MANY lawyer and insurance company website links that explain exactly what it covers and that it doesn't cover her in this case. She might just fold an pay up.

 

[not2cleverRed]

What is the name of your state (only U.S. law)? FL

My son was driving out of his University parking lot and somebody back up and hit his car on the side. The woman driving the car acknoledged that she was at fault and volunteered to pay the damages. My son called the University Police department to get a police report and an officer came to the parking lot. The woman told the officer that she back up without seeing the other car and that it was her fault. The officer told both my son and the woman that since the damage was minimal a police report was not necessary and he left without asking for documentation to either part.
Later when my son did what he agreed with the woman (take the car to evaluate the damage and send her the $676.00 bill), she refused to pay and said that the no fault in FL means that she was at no fault. My questions are:

Was the officer right about not writing a police report for a damage that is higher than $500.00?
Is the woman right abut the no fault in FL even after she admitted fault to my son and the officer?
Should I fix the car and sue the woman in small claim court to recover the money without calling the insurance?

Im afraid to going to the insurance because the premium could increase for my son. Please help me

Thank you in advance for reading and for your help

You do realize that your son can file a police report with the real police department, right?

 

[CdwJava]

You do realize that your son can file a police report with the real police department, right?

The University Police ARE the "real" police. In fact, since the collision occurred on their property and in their jurisdiction, they are likely the only agency that CAN take the collision report.

Not to mention that they may not have to take a non-injury or low damage value collision. And, if they do, they may not be under any obligation to assign fault to any party (not that fault would be binding on either insurance company even if they did).

 

[CdwJava]

Upon review of FL laws under Chapter 316, it appears that law enforcement is required to take a report if the damage is expected to exceed $500. If you have an estimate for over $500 you can re-contact the University PD and ask for a report. I was not able to locate any information about the requirements or limitations of a late report, or what is sometimes called a "counter report," but it is likely that they would not be able to assign fault in such an instance. However, the insurance companies are not required to assign fault as the police do, so they do not have to agree.

So, your daughter can call the University police and ask for a report, now. But, it won't make the other party have to pay you and you'll still have to sue them if they or their insurance company won't pay up.

 

[HRZ]

IF SON owns the car..HE needs to pick up the ball and run with it .

 

[not2cleverRed]

The University Police ARE the "real" police. In fact, since the collision occurred on their property and in their jurisdiction, they are likely the only agency that CAN take the collision report.

Not to mention that they may not have to take a non-injury or low damage value collision. And, if they do, they may not be under any obligation to assign fault to any party (not that fault would be binding on either insurance company even if they did).

Fair enough (assuming that it's campus police, not campus security).

OP is correct that there needs to be a report for damage over $500.

However, if the situation is as described by OP, her son should self-report to the DHFMV. He can do this online. https://www.flhsmv.gov/florida-highway-patrol/traffic-crash-reports/

I think that we can all agree that OP's son should contact his insurance AND the other driver's insurance, if he has that information. I have found that, even if you think you're not at fault, your own insurance can give you useful information and support.

 

[Just Blue]

Campus police are guilty because without following the standard of the rule mean how can he/she can say that this is minimal damage if it's higher than minimal damage cost then the officer should make a report against lady when she refuses to pay bill.

Please don't post jibberish.

 

[FlyingRon]

If your insurance pays out to you and is able to subrogate against the other driver then you'll get your deductible back.

 

[xylene]

Get a second estimate and sue in small claims.

 

[HighwayMan]

Please don't post jibberish.

I believe it's gibberish.

(My emoticon button is not working or else I'd be posting a bunch of laughing faces now )